Mediation

Link to:
What is Mediation?
Advantage of Mediation
What can Paul and Paul Lawyers do for you?
What is a Family Dispute Resolution Practitioner?
What does Dispute Resolution involve?
What happens after Mediation?
What if the first Mediation does not work?

What is mediation?     Return to TOP

Mediation is a confidential meeting between parties in dispute, presided over by a trained professional mediator.

Mediation provides an opportunity for you and your partner, following the breakdown of your relationship, to try to reach a resolution of issues which have arisen between you.

Mediation is conducted by an independent third party commonly referred to as a Family Dispute Resolution Practitioner (a Mediator) who will work with you and your partner to discuss the relevant issues and assist and encourage you to reach an overall resolution of your dispute. Mediation is not counselling. It does not involve the giving of legal advice.

Before mediation is undertaken the Mediator will first assess your and your partner’s individual situations and decide whether your matter is appropriate for mediation. An example of when Mediation is not appropriate is when there has been an allegation of domestic violence or other abuse.

The advantages of mediation     Return to TOP

1. You are in control of your part of the process, unlike the Court process.
2. You and your partner (with input from the mediator) set the agenda and discuss issues you want addressed.
3. You can reach your own agreement as to parenting; finances and property.
4. You can withdraw from the process if it becomes too distressing to continue.
5. You have privacy and confidentiality; what is discussed in mediation cannot be used in Court.
6. Mediation avoids potential lengthy and expensive litigation.

What can Paul & Paul Lawyers do for you ?     Return to TOP

• Our policy is to assist clients to resolve disputes themselves without going to Court.
• As a priority we can arrange mediation with highly qualified and experienced mediators.
• Paul & Paul Lawyers have on staff a qualified Family Dispute Resolution Practitioner who can assist you and your partner to resolve your dispute.

What is a Family Dispute Resolution Practitioner?     Return to TOP

• Registered Family Dispute Resolution Practitioners are lawyers who meet the required standards of training, experience and suitability for inclusion on the Family Dispute Resolution Register. They have specialised training and expertise in mediation.
• A Family Dispute Resolution Practitioner provides you and your partner with the necessary objective assistance to reach an overall resolution of your differences.
• If agreement cannot be reached between you and your partner, a Family Dispute Resolution Practitioner can issue a Certificate stating that you have tried to resolve the matter through family dispute resolution.
• You can then commence proceedings in the Court.
• You will only be able to obtain a valid Certificate from a registered Family Dispute Resolution provider.

What does Dispute Resolution involve?     Return to TOP

• You don’t need legal representation in a mediation. However Paul & Paul Lawyers recommend that you obtain legal advice before participating in mediation and that your legal representative is on standby to assist and advise you during the mediation process.
• A mediation generally takes up to 3 to 5 hours (sometimes longer). The Family Dispute Resolution Practitioner will assist clients to identify and address the issues identified in the agenda, and work with the parties towards reaching a resolution.
• The Family Dispute Resolution Practitioner will assist you and your partner:
     1. To set an agenda for the mediation; this involves identifying the issues
         you and partner agree are disputed;
     2. To ensure that each of the parties has first obtained appropriate legal
         advice, that the parties understand the advice and have all of the
         necessary advice;
     3. If parenting issues arise, to attempt to identify and reach a resolution of
         the matter that is in the best interests of the child/children;
     4. To generate options and different possibilities to try to reach an overall
         outcome that meets the reasonable needs and requirements of all
         parties.

What happens after Mediation?     Return to TOP

• Whatever agreement may be reached, it will not be immediately legally binding; however Paul & Paul Lawyers can prepare a Heads of Agreement and/or a Parenting Plan that reflects the agreed outcome.
• Your agreement can be made legally binding by way of Consent Orders made by the Family Court of Australia and/or a Binding Financial Agreement

What if the first Mediation does not work?     Return to TOP

You have two options.

1. You can attend a further joint mediation session in an effort to further negotiate to try to resolve your matter;
2. You can commence court proceedings.

Contact Paul & Paul Lawyers about how we can assist you.